Privacy Policy

1   What Information We Collect About You

When we use the term “personal information,” we mean any information that can be used to identify you, directly or indirectly, as an individual person.

We collect information about you when you provide it to us, when you use our Services and when other sources provide it to us, as further described below.

1.1   Information You Provide to Us

We collect personal information about you when you input it into the Services or otherwise provide it directly to us:

1.1.1   Account and Profile Information

When you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services, you may provide your name, phone number, location, email address and other contact information and, in some cases, gender, date of birth, verification document and billing information.  You also have the option of adding a profile photo, bio, and other details to your profile information.  We keep track of your preferences when you select settings within the Services.

1.1.2   Content You Provide Through Using Our Services

When you use our Services, we collect and store content that you post, send, receive and share.  This content may include information about you that you choose to include.  This content also may include the files and links you upload to the Services, such as the name of a folder, content within Workbooks, Inspirations, Moodboards and Designs, and information about manufacturers and other team members.  You may also provide content to us when you give feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.

1.1.3   Communications

The Services also include customer support, where you may choose to submit information regarding a problem you are experiencing with the Services.  Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.  You may also provide us with personal information if you communicate with us through any other paper or electronic message, including through letters, emails, phone calls, IMs or any other means of communication.

1.1.4   Payment Information

We or our third-party service providers may collect certain payment and billing information when you register for certain paid Services.  For example, we ask you to designate a billing representative, including name and contact information, upon registration.  You might also provide payment information, such as payment card details, which our third-party payment service providers collect via secure payment processing technology.

1.2   Information We Collect Automatically

We, and our third-party partners, may automatically collect information about the device or browser you use when you use our Services:

1.2.1   Log Files

Like many websites, apps and email communications, we automatically collect certain information about your device or browser when you visit and interact with any of our Services.  This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, device identifiers, crash data, date/time stamp or clickstream data, including the features you use, the type, size and filenames of attachments you upload to the Services, frequently used search terms and your interactions with others on the Services. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience

1.2.2   Cookies and Other Data Collection Tools

We and our third-party service providers use cookies, clear gifs (a.k.a. web beacons/web bugs) (“web beacons”), and similar technologies (collectively, “data collection tools”) to collect information about your device, and your use of the Services.  Data collection tools help us learn more about our users and analyze how users use the Service, such as how often users visit our Service, what features they use, what pages they visit, what emails they open, and what other sites or applications they used prior to and after visiting the Service.  Most internet browsers allow you to remove or manage cookie functions and adjust your privacy and security preferences.  For more information on cookies, including how to control your cookie settings and preferences, visit http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm, https://ico.org.uk/for-the-public/online/cookies/ and http://www.allaboutcookies.org/.  Please note, however, that disabling our cookies may mean that you will not be able to take full advantage of our Services.

1.2.3   Interest-Based Advertising

We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”) and the European Interactive Digital Advertising Alliance (“EDAA”).  We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use data collection tools to understand how our Services are being used and to analyze your browsing history in order to deliver advertising relevant to your interests (“Interest-Based Advertising”), as well as to provide advertising-related insights.   Interest-Based Advertising may appear on our Services or on other websites or services, including through social media networks.

For more information about how Ad Partners use the information collected by these technologies and your options for restricting cookies placed by some of these Ad Partners, please visit the DAA’s opt-out page .  Users in the EU can visit http://www.youronlinechoices.eu/for more information about your choices and to opt out of participating Ad Partners.  The DAA’s and EDAA’s opt-outs are device- and browser-specific and may not work on all devices.  If you choose to opt-out through the DAA’s or EDAA’s tools it does not mean you will cease to see advertising.  Rather, the ads you see will be based on the website or application you are visiting and not your interests.

Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for Interest-Based Advertising. You may also opt-out of certain Data Collection Tools on mobile devices by installing the DAA’s AppChoices app on your mobile device (for iTunes, visit the App Store,for Android, visit the Google Play Store ). For more information, please visit Apple’s Support Page, Google’s Support Page  or the AppChoices Support Page, as applicable.

1.2.4   Google Analytics

We use “Google Analytics” to collect information about your use of the Website.  Google Analytics collects information such as how often users access the services, what pages they access when they do so and what other sites they used prior to using the services.  Google uses the data collected to track and examine the use of the Services, to prepare reports on its activities and share them with other Google services.  To learn more about the use of data collection technologies by Google for analytics and to exercise choice regarding those technologies, please visit theGoogle Analytics Opt-Out browser add-on page. Max, are there any other services that are used? No

1.3   Information We Receive From Other Sources

We may also receive information about you from other Service users, from third party services, from the Focalize product family and related companies, and from our business and channel partners.

1.3.1   Other Users of the Services

Other users of our Services may provide information about you when they submit content through the Services.  For example, you may be mentioned by someone else in a chat channel or a team member or manufacturer may upload content about you to a Workbook.  We also receive your email address from other Service users when they provide it to invite you to the Services.  Similarly, an administrator may provide your contact information when they designate you as another administrator for a folder, team or a subscription plan.

1.3.2   Other Services You Link to Your Account

We receive information about you when you or your administrator enable third-party apps like Google Drive or integrate or link a third-party service with our Services. For example, if you create an account or log into the Services using your Google credentials, we receive your name and email address as permitted by your Google profile settings in order to authenticate you.  You or your administrator may also integrate our Services with other services you use, such as to allow you to access, store, share and edit certain content from a third-party through our Services.  For example, you may authorize our Services to access and display files from a third-party document-sharing service within the Services interface. Or, you may authorize our Services to sync a contact list or address book so that you can easily connect with those contacts within the Services or invite them to collaborate with you on our Services.  The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.

1.3.3   Information Received from Our Partners

We work with a global network of partners who provide consulting, implementation, training and other services around our Services.  Some of these partners also help us to market and promote, generate leads for us, and resell our products.  We receive information from these partners, such as billing information, billing and technical contact information, company name, what products you have purchased or may be interested in, evaluation information you have provided, what events you have attended, and what country you are in.

We also receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in, and engagement with, our Services and online advertisements.

2   How We Use Information We Collect

How we use the information we collect depends in part on which Services you use, how you use them, and any preferences you have communicated to us. In addition to the purposes described above, we use the information we collect about you for the following purposes.

2.1   To Provide the Services and Personalize Your Experience

We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services, including to identify you to other Service users, to personalize your experience, enhance your productivity, improve your ability to collaborate effectively with others and to facilitate your affiliation with an organization or industry.

2.2   For Research and Development

We are always looking for ways to make our Services smarter, faster, secure, integrated and useful to you.  We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. In some cases, we apply these learnings across Focalize services to improve and develop similar features or to better integrate the services you use.

2.3   To Communicate With You About the Services

We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages.  Depending on your settings, we send you email notifications when you or others interact on the Services, for example, when you are @mentioned in a chat channel or when you are added to a Workbook or when you send a Workbook to a manufacturer and they view it.  We also provide tailored communications based on your activity and interactions with us.  For example, certain actions you take in the Services may automatically trigger a feature as a suggestion within the Services that would make that task easier.  We also send you communications as you onboard to a Service to help you become more proficient.  These communications are part of the Services and in most cases, you cannot opt out of them. If an opt out is available, you will find that option within the communication itself as an unsubscribe button or in your account settings.

We may use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.

2.4   To Market, Promote, and Drive Engagement with the Services

We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by displaying Focalize ads on other companies’ websites and applications, as well as on platforms like Facebook and Google, and may include information about new features, survey requests, newsletters, and events we think may be of interest to you.  We may also communicate with you about new product offers, promotions and contests.  You can control whether you receive these communications as described below under “5.1.5 Opt-out of communications”.

2.5   For Safety and Security

We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of our Terms of Service.

2.6   To Protect Our Legitimate Business Interests and Legal Rights

Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.

2.7   With Your Consent

We use information about you where you have given us consent to do so for a specific purpose not listed above.  For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.

3   How We Share Information We Collect

We make collaboration tools, and we want them to work well for you.  This means sharing information through the Services and with certain third parties.  We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.

3.1   Sharing With Other Service Users

When you use the services, we share certain information about you with other Service users.

3.1.1   For Collaboration

You can create content, which may contain information about you.  You or your administrator (if applicable) may grant permission for others to see, share, edit, copy and download that content.  Some of the collaboration features of the Services display some or all of your profile information to other Service users when you share or interact with specific content.

3.1.2   Managed Accounts and Administrators

If you register or access the Services using an email address with a domain that is owned by your employer or organization, or associate that email address with your existing account and such organization wishes to establish a Focalize services account, certain information about you, including your name, profile picture, contact info, content, and account use may become accessible to that organization’s administrator and other Focalize service users, as permitted by your administrator.  If you are the administrator of an organization, team or account within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.

3.1.3   Community Forums

Our Website offers publicly accessible Workbooks, blogs, forums, bug trackers, and wikis like Focalize Community.  You should be aware that any information you provide on these websites – including profile information associated with the account you use to post the information – may be read, collected, and used by any member of the public who accesses websites. Your posts and certain profile information may remain even after you terminate your account.  We urge you to consider the sensitivity of any information you input into these Services.  To request removal of your information from publicly accessible websites operated by us, please contact us as provided below.  In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

3.2   Sharing with Third Parties

We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our services.

3.2.1   Service Providers

We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you.

3.2.2   Focalize Partners

We work with third parties who provide consulting, sales, support and technical services to deliver and implement customer solutions around the Services.  We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations.

3.2.3   Third-Party Integrations

You, your administrator or other service users may choose to add new functionality or change the behavior of the services by enabling third party integrations within the services such as Facebook or Google. Doing so may give third-party services access to your account and information about you like your name and email address, and any content you choose to use in connection with those services.  If you are an administrator or contact listed on an account, we share your details with the third-party services provider upon installation.  Third-party services policies and procedures are not controlled by us, and this privacy policy does not cover how third-party services use your information.  We encourage you to review the privacy policies of third parties before connecting to or using their services to learn more about their privacy and information handling practices. If you object to information about you being shared with these third parties, please disable the third-parties’ services.

Some of our services contain widgets and social media features, such as the Twitter “tweet” button. These widgets and features collect your IP address, which page you are visiting on the services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our services. Your interactions with these features are governed by the privacy policy of the company providing it.

3.2.4   Links to Third-Party Sites

The services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites are governed by their privacy policies, not this one.

3.2.5   With Your Consent

We share information about you with third parties when you give us consent to do so.  For example, we often display personal testimonials of satisfied customers on our public websites.  With your consent, we may post your name alongside the testimonial.

3.2.6   Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights

In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Focalize, our customers or the public from harm or illegal activities, (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, or (f) sell or transfer all or a portion of our business or assets or any portion or combination of our products, services, businesses and/or assets, including in a divestiture, merger, acquisition, bankruptcy, dissolution, reorganization, liquidation, or similar transaction or proceeding.

4   How to Access and Control Your Information

You have certain choices available when it comes to your information.  Below is a summary of those choices, how to exercise them and any limitations.  We will respond to requests about this within a reasonable timeframe.

4.1  Access, Update or Delete Your Information

Our Services give you the ability to access, update and delete certain information about you from within the Service.  For example, you can access your profile information from your account and search for content containing information about you using keyword searches in the service.  You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.

If you have questions about reviewing, changing or deleting your information, you can contact your account administrator, or otherwise contact us using the contact information below.  We may not be able to change or delete your information in all circumstances.

4.2   Deactivate Access to an Organization, Folder or Workbook

You or an administrator can deactivate your access to an organization, folder or Workbook.  If you can deactivate your own access, that setting is available to you in your account settings.  Otherwise, please contact your administrator. If you are an administrator and are unable to deactivate an account through your administrator settings, please contact Focalize support.

Please be aware that deactivating access to an organization, folder or Workbook does not delete your information from that organization, folder or Workbook; your information remains visible to other Service users based on your past participation within the services.  For more information on how to delete your information, see below.

4.3   Request That We Stop Your Subscription

You may control the auto-renewal function of your account subscription by contacting Focalize support. If you choose to end your subscription you will be able to access the Services until the end of your subscription period.

4.4   Opt-Out of Communications

You may opt-out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your Service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.  Even after you opt out from receiving promotional messages from us, you will continue to receive transactional and Service-related messages from us.  You can opt out of some push-notification messages through your account settings.

4.5   How to Control Data Collection Tools

Please see Section 1.2 “Information We Collect Automatically”for relevant browser- and device-based cookie controls and options for restricting interest-based advertising.

5   Region-Specific Disclosures

5.1   European Union, UK & Switzerland

If you are in the European Union, the United Kingdom or Switzerland, the following additional terms apply to our processing of your personal information.  Where the Services are made available to you through an organization (e.g. your employer), that organization is the data controller of your personal information and Focalize, Inc. is the data processor.  In such cases, we are only processing your data based on the documented instruction of our clients.  For all personal users of the Services, Focalize, Inc. is your data controller – and will control the processing of your personal information as it relates to our Services.

5.1.1   Legal Bases for Processing

When we process your personal information as a data controller, we process your personal information only where we have legal bases for doing so under applicable laws in the European Economic Area (“EEA”).  The legal bases depend on the Services you use and how you use them.  We rely on the following legal bases for processing your personal information:

• We need to process your personal information to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services.  We will hold on to this information for as long as we need to fulfil the purposes of our contract with you or your organization, unless we have a legal obligation to keep the information for a longer time.
• Legitimate Interests. We need to process your personal information to satisfy our legitimate interests (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests.  We will hold on to this information for as long as our legitimate interests aren’t outweighed by the potential risk to your right to privacy, unless we have a legal obligation to keep the information for a longer time.
• We may ask for your consent to use or share your information for specific purposes.  If we do, you will have the opportunity to withdraw your consent by contacting us using the contact information below, but this will not affect any processing that has already taken place.  We will hold on to this information for as long as we need to fulfil the purposes of your consent, unless we have a legal obligation to keep the information for a longer time.
• Legal Obligations. We may need to process your personal information to comply with our legal obligations or otherwise protect our rights or the rights of third parties.  For example, we may need to respond to valid legal process or take action to protect our users.  We will hold on to this information as long as needed to fulfill the legal obligation or to protect our rights and those of third parties.

5.1.2   Your Rights

Where we process your personal information as a data controller, you have the following rights in respect to your personal information that we hold:

• Right of Access. The right to obtain access to your personal information.
• Right to Rectification. The right to obtain rectification of your personal information where that personal information is inaccurate or incomplete.
• Right to Erasure. The right to obtain the erasure of your personal information in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed.
• Right to Restriction. The right to restrict the processing of your personal information in certain circumstances, such as, where the accuracy of the personal information is contested by you, for a period of time enabling us to verify the accuracy of that personal information.
• Right to Portability. The right to portability allows you to move or transfer personal information easily from one organization to another.
• Right to Object. In some cases, you have the right to object to any processing based on our legitimate interests where there are grounds relating to your situation. Furthermore, you can object to marketing activities at any time.

If you wish to exercise one of these rights, please contact us using the contact details below.  Please note that these rights are not absolute and certain exceptions may apply.

You also have the right to lodge a complaint with an EU data protection authority.  However, we encourage you to first reach out to us by using the contact details to be found at the end of this Privacy Policy so that we have an opportunity to address your concerns directly and find a solution together before you do lodge a complaint.

5.1.3   International Transfers of Information We Collect

To facilitate our global operations, we collect information globally and primarily store that information in the United States and EEA.  We transfer, process and store your information outside of your country of residence, to where our Services are operated, or where our third party service providers and partners are located.  The data protection laws in these locations may not meet the same level of protection as in the EU, UK or Switzerland.  Whenever we transfer your information outside of these regions, we want our users to be aware of the risks and to understand that we strive to put in place safeguards for such transfers, such as standard contractual clauses with our service providers.

6   Other Important Privacy Information

Our Services are intended for both personal use and use by organizations.  Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the data processing over which it has control.  If this is the case, please direct your privacy questions to your administrator, as your use of the services is subject to that organization’s policies.  We are not responsible for the privacy or security practices of an administrator’s organization, which may be different than this policy.

Organization, folder, or Workbook administrators are able to restrict your access to and privileges within the respective organization, folder, or Workbook the administrator controls.  In some cases, administrators can also:

• require you to reset your account password;
• restrict, suspend or terminate your access to the services or your account;
• control your ability to edit, restrict, modify or delete account information;
• change your account information, including profile information or the email address associated with your account;
• access information in and about your account;
• access or retain information stored as part of your account; and
• enable or disable integrations or third-party apps.

If you do not want an administrator to be able to assert control over your account or use of the Services, you should deactivate your membership with the relevant organization, folder, or Workbook or remove any email addresses containing a domain owned or controlled by the administrator entirely from your account.  Once an administrator asserts control over your account or use of the Services, you may no longer be able to withdraw membership or change the email address associated with your account without administrator approval.

7   Our Policy Towards Children

The services are not directed to individuals under 16.  We do not knowingly collect personal information from children under 16.  If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information.  If you become aware that a child has provided us with personal information, please contact us from below information.

8   Changes to this Privacy Policy

We may change this Privacy Policy from time to time.  We will post any Privacy Policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the services homepages, login screens, or by sending you an email notification.  We encourage you to review our Privacy Policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.